People ex rel. Barber v. Chapman

Citations

• 128 Ill. 496
• 21 N.E. 507

Syllabus

<p>1. Drainage law—giving credit for old drains—at what time allowance to be made—remedy of land owner. Section 22 of the Drainage act authorizes the commissioners, where an old drain has been in whole or in part constructed, and such work can be advantageously utilized, to -estimate the value of such old ditch, and allow the owner proper credit for the same, on making an assessment for drainage purposes. But this -can not be done after the commissioners have made their assessment and filed the assessment roll with the town clerk.</p> <p>2. If the commissioners allow a land owner for ditches or drains previously made, and used by them, this must be done when they make the assessment, under section 26 of the act, and the amount they then allow may be credited on the assessment. If the land owner is not satisfied with the amount allowed him as a credit and deducted from his assessment, .he may appeal, under section 27 of the act. It is not competent for the county court, on application for judgment, to allow any credit for prior drains used by the district.</p> <p>3. Same—-filing assessment roll—as concluding authority of commissioners. After the assessment roll has been made and filed with the town clerk, the commissioners will have no power over it, the matter having thereby passed beyond their jurisdiction. If errors exist needing correction, the party aggrieved will have a remedy by appeal.</p>